District Court
New South Wales
Medium Neutral Citation: R v SD [2025] NSWDC 174 Hearing dates: 09 May 2025 Date of orders: 09 May 2025 Decision date: 09 May 2025 Jurisdiction: Criminal Before: Everson SC, DCJ Decision: (1) The offender is convicted of each of the 19 offences for which he was found guilty by the jury on 27 February 2025.
(2) The offender is sentenced to an aggregate sentence of 20 years imprisonment with a non-parole period of 15 years.
(3) The non-parole period will commence on 19 November 2024 and will expire on 18 November 2039.
(4) The balance of term of 5 years will commence on 19 November 2039 and will expire on 18 November 2044.
(5) The offender will be eligible for release to parole at the expiration of the non-parole period.
Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: R v Wilson (a pseudonym) [2023] NSWDC 354
Category: Sentence Parties: Rex (NSW) (Crown)
SD (Offender)Representation: Counsel:
Ms F Vella (for the Crown)
Mr T Bicanic (for the Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (for the Crown)
Mr J Walford from Penrith Criminal Law Centre (for the Offender)
File Number(s): 2023/00362052 Publication restriction: There are prohibitions on the publication of matters directly or indirectly identifying the victims in these proceedings.
JUDGMENT on sentence
Introduction
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There are prohibitions on the publication of matters directly or indirectly identifying the victims in these proceedings. Those prohibitions will be facilitated by the use of pseudonyms. The offender will also be referred to as "SD". SD's daughter, the victim of each offence will also be referred to as "GD".
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On 17 February 2025, SD was called to trial on an indictment that contained 22 counts. Each count alleged an offence of sexual misconduct by him towards GD. The prosecution has framed its case by reference to ten alleged incidents. The ninth incident was said to be the basis for counts 18, 19 and 20. On 25 February 2025, a verdict of not guilty by judicial direction was returned on counts 18, 19 and 20.
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On 27 February 2025, SD was found guilty by the jury of each of the remaining 19 counts on the indictment and is consequently to be sentenced on:
Four offences, being the 4th, 6th, 8th and 11th counts, of sexual intercourse with a child under the age of 10 years, contrary to sub-section 66A(1) of the Crimes Act 1900, and for which the maximum penalty is imprisonment for life and the prescribed standard non-parole period…
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- AGLC
- R v SD [2025] NSWDC 174
- Case
- [2025] NSWDC 174
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for SD, considering the nature and circumstances of the offences. The legal issues included the appropriate length of the sentence, the imposition of a non-parole period, and the eligibility for parole. The court considered the severity of the crimes, the impact on the victims, and any mitigating factors presented by the defence.
The court, in its sentencing, concluded that the appropriate punishment for the defendant was a total of 20 years in prison, with a non-parole period of 15 years. This non-parole period was set to begin on 19 November 2024 and end on 18 November 2039. The remaining five years of the sentence would then commence on the same date as the expiry of the non-parole period, expiring on 18 November 2044. The court also ruled that the defendant would be eligible for parole at the end of the non-parole period.
Orders
Orders of the court
(1) The offender is convicted of each of the 19 offences for which he was found guilty by the jury on 27 February 2025.
(2) The offender is sentenced to an aggregate sentence of 20 years imprisonment with a non-parole period of 15 years.
(3) The non-parole period will commence on 19 November 2024 and will expire on 18 November 2039.
(4) The balance of term of 5 years will commence on 19 November 2039 and will expire on 18 November 2044.
(5) The offender will be eligible for release to parole at the expiration of the non-parole period.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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